Audio 4:37
Victoria Police settles racial profiling case

Samantha DonovanUpdated
Mon Feb 18 19:20:00 EST 2013

Victoria Police has agreed to settle a discrimination case brought by six young African men who alleged that officers were engaging in racial profiling. As part of the settlement, Victoria Police has agreed to conduct a public inquiry into how officers approach members of the public.

Transcript

TIM PALMER: The Victorian police force has today promised to investigate claims that its officers commonly resort to racial profiling.

That undertaking was given to help settle a case brought by six young men of African descent. They claimed they were regularly stopped, searched, questioned and even beaten by police just because they were black.

Samantha Donovan reports.

SAMANTHA DONOVAN: For anyone involved in a long court case a satisfying settlement in the Federal Court is a big deal. But for young men who feel they've been persecuted by police it's particularly sweet.

Maki Issa is originally from Somalia.

MAKI ISSA: I was pretty much stopped almost every second day for just riding the train or walking through the streets of Flemington and yes we are happy with the results because this is a starting point to improve policing in Victoria not just for our community but for the wider Victorian community.

SAMANTHA DONOVAN: The case against several Victoria Police officers and the State of Victoria began about five years ago after the Flemington and Kensington Community Legal Centre in Melbourne's inner suburbs became increasingly concerned about the dozens of complaints it was receiving from young African men.

They alleged police were stopping them for unwarranted searches and questioning. There were also allegations of assault, including an assault in detention.

Tamar Hopkins is a solicitor at the community legal centre.

TAMAR HOPKINS: This is the first time that a federal race discrimination case has come all the way to the Federal Court in Australia, never before have the police been put under this kind of spotlight, their practices, their procedures. It's quite extraordinary, cases like this on the other hand are very common in other parts of the world but until now Australian police have escaped from the level of scrutiny that they've needed in this area.

SAMANTHA DONOVAN: Throughout the case, Victoria Police has consistently denied it engages in racial profiling.

It says that the young men involved in the case were stopped and questioned by police for legitimate reasons and that excessive force was never used. But as part of today's settlement Victoria Police have acknowledged that any policing involving racial discrimination is unacceptable.

One of the members of the force who was to be subpoenaed to give evidence in the case was the chief commissioner of Victoria Police Ken Lay. He was a deputy commissioner and in charge of this area when the allegations were first raised a few years ago. Today's settlement means he won't have to give evidence.

In pursuing the case, lawyers for the young African men, had University of Melbourne statistician Professor Ian Gordon analyse how often the men were being stopped by police.

Solicitor Peter Seidel says it bolstered their case.

PETER SEIDEL: Young African men in this particular area - Flemington, Kensington, North Melbourne - in the years in question have been stopped and searched two-and-a-half-times more than their population would suggest should be the case.

Professor Gordon also found the young African men in this area commit significantly less crime, that's contrary to what we're hearing from Victoria Police.

SAMANTHA DONOVAN: In settling the case Victoria Police have agreed to conduct an inquiry into two issues. First, how police deal with what they call field contacts. When they stop someone in public and question them about what they're doing. And secondly on multicultural training within Victoria Police.

Public comment will be sought on those two issues and the force has agreed to publish its findings and announce what action will be taken by the end of this year.

Lawyer Peter Seidel says the young men should be lauded for their stand.

PETER SEIDEL: It has been a very, very challenging and difficult road that the applicants have had to go down. They're extremely brave. They ought to be treated as national heroes for the stand they've taken - they never, ever gave up.